According to the American Trucking Association, the commercial freight industry is booming, generating major profits for trucking companies as well as their vendors. More than 72% of freight in the country is transported by commercial trucks and nearly 40 million trucks were registered for commercial use in 2020. While it is clear they are vital to our economy, these commercial vehicles can also pose a major threat to other drivers on the road, particularly when rules and regulations are violated.
When is a Trucking Company Liable?
There are many situations in which a trucking company may be held liable for injuries sustained in a truck accident, which include:
Driver error: Even when a truck accident was caused by a negligent driver, vicarious liability also stipulates that companies are responsible for the actions of their drivers when they operate within the scope of their job. In some cases, trucking companies may try to skirt responsibility by hiring independent contractors, which is why it is crucial to hire an attorney to help gather evidence and determine liability.
Hours of service violations: Truck drivers spend long hours on the road and given the dangers of fatigued driving, it is crucial that they rest, which is why there are laws regarding how many hours a driver can operate a truck per day. If a driver ignores these rules or if the trucking company encourages drivers to violate them, you can potentially hold them liable.
Negligent hiring: Trucking companies are expected to thoroughly screen potential truck drivers. When they fail to do so, they could end up hiring a driver with a history of DUIs, accidents, or other forms of reckless driving.
Negligent retention: In some cases, a driver may not have a history of accidents or negligence, but may display negligence on the job. If a trucking company fails to fire a driver who failed alcohol or drug tests, caused multiple accidents, or has received many citations for reckless driving, the company could be held liable.
The Challenges You Might Face
Filing a personal injury claim against a big trucking company can be daunting. These companies tend to have vast amounts of resources and hire some of the most expensive firms to represent them. Many of these firms use difficult tactics and strategies, sometimes hiding or falsifying documents to conceal their client’s negligence. Without an experienced truck accident attorney on your side, you might feel pressured to accept a quick settlement.
At The Husband & Wife Law Team, we have been practicing personal injury law since 1996. With our decades of experience, knowledge, skills, and resources, we can stand up to big firms and pursue compensation on your behalf.
Speak to One of Our Personal Injury Lawyers Today!
If you were injured in a truck accident, it is essential to hire legal counsel as soon as possible. The Husband & Wife Law Team is committed to representing the wrongfully injured and will do what we can to hold the responsible party liable for your injuries. Call us today at (623) 552-4216 to schedule a free consultation. You will not owe us any legal fees until we win your case!